Orlando Employment-Based
Immigration Attorneys
We are Here to Help You Achieve Your Immigration Goals
We are moving toward a highly skilled global marketplace. Consequently, businesses increasingly need to expand and diversify their talent pool by looking internationally. This is particularly true when hiring for high-level positions or roles that otherwise involve specialized skillsets or exceptional talents. However, United States immigration law is extremely complex. In addition, acquiring an employment-based visa (or work visa) can be slow and arduous. Given these points, skilled business immigration attorneys are a valuable resource for companies wanting to hire from abroad.
If you own or represent a company that employs foreign nationals, HAWM Law can help. Together, we can create a roadmap that empowers your business to achieve its short-term and long-term employment needs. We specialize in various work visa categories. For example, we handle permanent and temporary employment-based visas for executives, managers, investors, professionals, specialists, and other skilled workers.
Types of Employment-Based Visas
and Work Visas
One of the first decisions that companies must make when hiring international talent is what kind of employment visa they can sponsor for a specific position. There are two main categories of work visas: temporary employment visas and permanent employment visas.
What is the Difference Between Temporary and Permanent Employment Visas?
As the name implies, permanent employment visas, also called immigrant visas, allow foreign nationals to become lawful permanent residents of the U.S. These individuals are given permanent resident cards, colloquially known as “green cards.” In contrast, temporary employment visas, or nonimmigrant visas, permit international professionals to work in the U.S. only for the specific length of time outlined by their visa. Both categories are further broken down into several different types of employment visas. Each is designated for individuals in specific situations.
We provide legal counsel on a broad range of employment visas. We will go into further detail on a few common examples below.
Employment Based Green
(EB-1/EB-2/EB-3)
- These designations represent a wide variety of permanent employment-based visas.
- EB-1 includes applicants with Extraordinary Ability who can demonstrate they have risen to the top of their field of endeavor. For example, Outstanding Professors and Researchers, and Multinational Managers or Executives might qualify. They must demonstrate both they and their sponsoring company meet certain requirements. There are three subcategories of Eb-1- Extraordinary Ability, Outstanding Researchers, and Multinational Execs. One is not an example of another. They are all completely different.
- EB-2 includes National Interest Waivers (NIW) self-sponsorship as well as beneficiaries sponsored through the employment-based sponsorship process (nicknamed PERM) whose job must require the minimum of a master’s degree to perform the job duties.
- EB-3 includes beneficiaries who are being sponsored through the PERM process and whose job has certain requirements:
- the minimum of a bachelor’s degree (Professional)
- at least two years of experience (Skilled Worker)
- less than two years of experience (Unskilled Worker)
- The specific visa an individual qualifies for depends on several factors. HAWM Law evaluates the needs of the employer, as well as the beneficiary’s credentials. Specifically, the attorney considers the beneficiary’s education, professional or academic success and reputation, and skillset.
National Interest Waiver (NIW)
The National Interest Waiver (NIW) allows foreign nationals to obtain a green card. They can do so either through a sponsorship outside the normal employment-based green card process or through self-sponsorship. Their business endeavor must be well-positioned to aid the U.S. labor market or advance U.S. competitiveness.
Temporary Visa for Specialty Occupations (H-1B Visas)
1B Visas are temporary employment visas. They are for employers seeking to sponsor an employee in a specialized position. A normal minimum job requirement for the role must be a bachelor’s degree in a specialty occupation.
Other Nonimmigrant Work Visas
These nonimmigrant work visas allow professionals of treaty countries, and their qualified employees, to enter the U.S. for certain purposes. They allow them to engage in trade with the U.S. (E-1) or to own and manage a U.S. business (E-2).
L-1A and L-1B visas are intercompany transferee visas for executives, managers, and employees with specialized knowledge. These are nonimmigrant visas.
These nonimmigrant visas permit companies to sponsor individuals to acquire specific training or to complete an internship in the U.S.
These nonimmigrant visas allow athletes, musicians, artists, and others to complete duties related to internationally recognizable events within the U.S. and/or as a member of an internationally recognizable group, team, or organization.
These temporary employment visas allow people of extraordinary ability or achievement to work in the United States. The visa can be for a specific employer, or through an agent.
We also address other types of temporary and permanent work visas.
Contact us if you have questions regarding an employment-based visa or other visas not listed on our site.